1. AODA for Large private/not-for-profit
organizations
Mireille Khoraych
October 4, 2013
AODA for Large private/not-for-profit organizations
October 4, 2013

2. Overview of Presentation
•
Status of AODA standards
•
Integrated Accessibility Standards
•
•
Information and Communications
•
Employment
•
Transportation
•
•
General Requirements
Built Environment
Compliance and Implementation Strategies
AODA for Large private/not-for-profit organizations
October 4, 2013

3. The AODA - Introduction
•
Accessibility for Ontarians with Disabilities Act, 2005
•
Ontario accessible by 2025 through minimum “standards”
•
Accessibility Standards for Customer Service
•
•
January 1, 2012
Integrated Accessibility Standards
•
January 1, 2012 to 2021
•
New Public Spaces standards came into force
January 1, 2013
AODA for Large private/not-for-profit organizations
October 4, 2013

4. Status of AODA Standards
•
Accessibility Standards for Customer Service
•
In force for all affected organizations
•
"Annual" report requirement
•
•
First report was due December 31, 2012
Amendments to regulation suggest future filings:
• Annually – Government and Legislature
• Every 2 years – Designated public sector
organizations
• Every 3 years – Large organizations (20+)
AODA for Large private/not-for-profit organizations
October 4, 2013

5. Status of AODA Standards
•
Accessibility Standards for Customer Service
•
Ongoing obligations
•
•
•
•
•
Ensuring that standards are actually applied in
practice
Training for new employees or reassigned employees
Training on new policies, practices or equipment
Maintenance of policies and practices
Filing reports as required
AODA for Large private/not-for-profit organizations
October 4, 2013

6. Application of Integrated Accessibility
Standards
•
Government of Ontario
•
Designated public sector organizations
•
•
•
Large – 50 or more employees
Small – less than 50 employees
Private/not-for-profit sector organizations
•
Large – 50 or more employees
•
Small – less than 50 employees
AODA for Large private/not-for-profit organizations
October 4, 2013

7. Requirements Already in Effect – Jan 1 2012
•
Individualized workplace emergency response
information
•
Individualized information must be necessary
•
Employer must be aware of need for
accommodation
•
Will be in the nature of a response plan tailored to
the individual’s circumstances
•
Document in the individual’s accommodation plan
AODA for Large private/not-for-profit organizations
October 4, 2013

8. Select General Obligations
•
Accessibility policies
•
Accessibility plans
•
Training
•
Accessibility reports and self-serve kiosks
AODA for Large private/not-for-profit organizations
October 4, 2013

9. Accessibility Policies
•
Develop, implement and maintain policies
•
How organization achieves or will achieve
accessibility (with reference to the IAS)
•
Statement of organizational commitment
•
•
Government and large organizations only
Written descriptions of policies
•
Publicly available
•
In an accessible format upon request
AODA for Large private/not-for-profit organizations
October 4, 2013

10. Accessibility Policies – Timelines
Category of Organization
Compliance Date
Government
January 1, 2012
Large designated public sector organizations
January 1, 2013
Small designated public sector organizations
January 1, 2014
Large private/not-for-profit sector organizations January 1, 2014
Small private/not-for-profit sector organizations January 1, 2015
AODA for Large private/not-for-profit organizations
October 4, 2013

11. Accessibility Plans
•
Develop, implement, maintain and document
multi-year accessibility plans
•
Outline of organization’s strategy to:
•
Prevent and remove barriers
•
Meet its requirements under the IAS
•
Plan to be posted on website and be provided in
an accessible format upon request
•
Review and update every 5 years
AODA for Large private/not-for-profit organizations
October 4, 2013

12. Accessibility Plans – Timelines
Category of Organization
Compliance Date
Government
January 1, 2012
Large designated public sector organizations
January 1, 2013
Small designated public sector organizations
January 1, 2014
Large private/not-for-profit sector organizations January 1, 2014
Small private/not-for-profit sector organizations No obligation to comply with
this standard.
AODA for Large private/not-for-profit organizations
October 4, 2013

13. General Training
•
Very broad content
•
•
•
Requirements of the IAS
The Human Rights Code as it pertains to persons with
disabilities
Very broad scope
•
All employees and volunteers
•
All persons who develop organization’s policies
•
All persons who provide goods, services or facilities on
an organization’s behalf
AODA for Large private/not-for-profit organizations
October 4, 2013

14. General Training – Timelines
Category of Organization
Compliance Date
Government
January 1, 2013
Large designated public sector organizations
January 1, 2014
Small designated public sector organizations
January 1, 2015
Large private/not-for-profit sector organizations January 1, 2015
Small private/not-for-profit sector organizations January 1, 2016
AODA for Large private/not-for-profit organizations
October 4, 2013

15. Accessibility Reports
•
Large private/not-for-profit organizations must file
accessibility reports as follows:
•
•
•
Every 3 years
First report due December 31, 2014
Small organizations are exempt from filing
accessibility reports under the IAS
AODA for Large private/not-for-profit organizations
October 4, 2013

16. Information and Communications
•
Two key concepts
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“Accessible formats”
•
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Means formats used by persons with disabilities –
e.g. large print, audio, Braille, etc.
“Communication supports”
•
Means supports that facilitate effective
communications – e.g. captioning, plain language,
sign language, etc.
AODA for Large private/not-for-profit organizations
October 4, 2013

17. Accessible Formats and Communication
Supports – Timelines
Category of Organization
Compliance Date
Government
January 1, 2014
Large designated public sector organizations
January 1, 2015
Small designated public sector organizations
January 1, 2016
Large private/not-for-profit sector organizations January 1, 2016
Small private/not-for-profit sector organizations January 1, 2017
AODA for Large private/not-for-profit organizations
October 4, 2013

18. Feedback Processes
•
For organizations that use feedback processes of
any kind
•
Must ensure they are accessible by providing or
arranging for accessible formats and
communications supports, upon request
•
Applies in addition to obligations under
Accessibility Standards for Customer Service
AODA for Large private/not-for-profit organizations
October 4, 2013

19. Feedback Processes – Timelines
Category of Organization
Compliance Date
Government
January 1, 2013
Large designated public sector organizations
January 1, 2014
Small designated public sector organizations
January 1, 2015
Large private/not-for-profit sector organizations January 1, 2015
Small private/not-for-profit sector organizations January 1, 2016
AODA for Large private/not-for-profit organizations
October 4, 2013

20. Websites and Web Content
•
Technical requirements to make websites and web
content accessible
•
For the Government and the Legislative Assembly,
this applies to both internet and intranet
•
For all other organizations, requirements apply to
internet sites only
•
Note that requirement does not apply to small
private/not-for-profit organizations
AODA for Large private/not-for-profit organizations
October 4, 2013

21. Websites and Web Content – Timelines
Category of Organization
Standard
Compliance Date
Large designated public
sector organizations
New internet websites and
web content – to WCAG
2.0, Level A
January 1, 2014
All internet websites and
web content – to WCAG
2.0, Level AA (some
exceptions)
January 1, 2021
N/A
N/A
Small designated public
sector organizations
Large private/not-for-profit
sector organizations
Small private/not-for-profit
sector organizations
AODA for Large private/not-for-profit organizations
October 4, 2013

22. Employment
•
Much up-front work on policy development and
training
•
More formalized and proactive approach to
disability management
•
Ongoing administrative requirements
AODA for Large private/not-for-profit organizations
October 4, 2013

23. Employment – Timelines
Category of Organization
Compliance Date
Government
January 1, 2013
Large designated public sector organizations
January 1, 2014
Small designated public sector organizations
January 1, 2015
Large private/not-for-profit sector organizations January 1, 2016
Small private/not-for-profit sector organizations January 1, 2017
AODA for Large private/not-for-profit organizations
October 4, 2013

24. Recruitment
•
Notify employees and public about availability of
accommodation for applicants in recruitment
processes
•
•
Applies to internal and external postings
“Recruitment processes”
•
Will apply to all aspects of recruitment, including
testing, interviews, etc.
AODA for Large private/not-for-profit organizations
October 4, 2013

25. Informing Employees of Supports
•
Must inform all employees of policies to support
employees with disabilities
•
Must include policies on the provision of job
accommodations
•
Must provide this information to new employees
as soon as practicable after employment begins
•
Ongoing obligation to inform if existing policies
change
AODA for Large private/not-for-profit organizations
October 4, 2013

26. Accessible Formats and Communication
Supports
•
Must be provided upon the request of an
employee with a disability with respect to:
•
•
•
Information needed to perform the individual’s job
Information generally available to other employees
Employer must consult with the employee making
the request to determine the suitability of an
accessible format or communication support
AODA for Large private/not-for-profit organizations
October 4, 2013

27. Accommodation Plans
•
Must create a written process for the development
of individual accommodation plans
•
This obligation does not apply to small private or
not-for-profit sector organizations
•
•
Remember that Code accommodation obligations will
continue to apply
The IAS contemplates a written accommodation
plan for all employees with disabilities with
accommodation needs
AODA for Large private/not-for-profit organizations
October 4, 2013

28. Return to Work Process
•
Employers must develop a written process that
applies to employees returning from a disabilityrelated absence
•
•
The process is not intended to override other
statutory return-to-work processes
In practice, focus will be on non-WSIB injuries
and illnesses
AODA for Large private/not-for-profit organizations
October 4, 2013

29. Performance Management, etc.
•
Performance Management, Career Development
and Advancement, and Redeployment
•
Must take into account individual accessibility needs
•
Must take into account any individual
accommodation plans
AODA for Large private/not-for-profit organizations
October 4, 2013

30. Transportation
•
Wide range of application from urban transit
systems to taxis to school buses
•
Will also apply to organizations that provide
transportation on a less formal basis –
universities, colleges, hospitals, etc.
•
Code obligations still apply
•
HTA regulations may still apply
AODA for Large private/not-for-profit organizations
October 4, 2013

31. Built Environment
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Part IV.1 of the IAS
•
Came into force on January 1, 2013
•
Applies to public spaces that are newly
constructed or redeveloped on or after the
applicable compliance dates
•
Will also be amendments to the Ontario Building
Code
AODA for Large private/not-for-profit organizations
October 4, 2013

32. Built Environment – Timelines
Category of Organization
Compliance Date
Government
January 1, 2015
Large designated public sector organizations
January 1, 2016
Small designated public sector organizations
January 1, 2016
Large private/not-for-profit sector organizations January 1, 2017
Small private/not-for-profit sector organizations January 1, 2018
AODA for Large private/not-for-profit organizations
October 4, 2013

33. Achieving Compliance
•
This is a good point to recall that the AODA does
not supplant the Human Rights Code
•
Both the AODA and Code apply, and compliance
with one does not necessarily mean compliance
with the other
•
Think of the AODA as the floor, or a type of
minimum standard
•
If conflict, highest level of accessibility applies
AODA for Large private/not-for-profit organizations
October 4, 2013

34. Preparing for the AODA
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Minimal case law on AODA to date
•
In several cases, the HRTO has confirmed that it
does not oversee compliance with the AODA
•
•
This is the duty of the Licence Appeal Tribunal
In one case, the HRTO found that an
organization’s AODA training records were
arguably relevant to a complaint under the Code
against a service provider
AODA for Large private/not-for-profit organizations
October 4, 2013

35. Preparing for the AODA
•
Because of integrated nature and broad scope of
the AODA’s obligations, need a carefully crafted
approach to compliance
•
In most organizations, it is going to require a
team-oriented approach to ensure that all
impacted areas of the organization are engaged
AODA for Large private/not-for-profit organizations
October 4, 2013

36. Preparing for the AODA
•
Designate an individual to be responsible for AODA
compliance
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Give the individual the necessary authority and
resources
•
“Buy-in” at senior levels of management
•
Oversight and coordination of compliance activities
•
This will involve all aspects of your organization
•
Assemble a team
AODA for Large private/not-for-profit organizations
October 4, 2013

37. Preparing for the AODA
•
Review the IAS and note specific requirements
and timelines
•
Audit your applicable policies and practices
•
Develop an action plan to implement the required
changes
AODA for Large private/not-for-profit organizations
October 4, 2013

38. AODA for Large private/not-for-profit
organizations
Mireille Khoraych
October 4, 2013
AODA for Large private/not-for-profit organizations
October 4, 2013